PA/09198/2016

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The decision



Upper Tribunal
(Immigration and Asylum Chamber) Appeal Number: PA/09198/2016


THE IMMIGRATION ACTS


Heard at Glasgow
Decision and Reasons Promulgated
on 7 December 2017
On 8 December 2017



Before

UPPER TRIBUNAL JUDGE MACLEMAN


Between

HUA LIU
(Anonymity Direction Not Made)
Appellant
and

THE SECRETARY OF STATE FOR THE HOME DEPARTMENT
Respondent


Representation:
For the Appellant: Mr S Martin, of Jain, Neil & Ruddy, Solicitors
For the Respondent: Mrs M O'Brien, Senior Home Office Presenting Officer


DETERMINATION AND REASONS
1. The appellant appeals against a decision by First-tier Tribunal Judge Porter, promulgated on 5 June 2017. His grounds are stated in the application for permission (which in terms of the TP (UT) Rules 2008, rule 23 (1A), now stands as the notice of appeal to the UT).
2. The following outcome is agreed between the parties.
3. The decision of the First-tier Tribunal errs in law, and is set aside.
4. In remaking the decision, the respondent accepts that account should be taken of new evidence to show that the relationship between the appellant and his wife is genuine and subsisting, and that since the date of hearing in the FtT, they have had a child.
5. The appellant's appeal, as brought to the FtT, is allowed on human rights (article 8) grounds.
6. No anonymity direction has been requested or made.




7 December 2017
Upper Tribunal Judge Macleman